Appellate Division, First Department · September 17, 2026 · 2026 NY Slip Op 05366
Delgado v Donald J. Trump for President, Inc.
Read the official decision: 2026 NY Slip Op 05366
Holding The Appellate Division affirmed the denial of the motion to dismiss sexual assault and battery claims, finding that the acts constituted discrete torts timely under the Adult Survivor Act. The court modified the decision to dismiss the intentional infliction of emotional distress claim only to the extent the underlying acts occurred in Nevada, where they were untimely.
The court’s words
Plaintiff's IIED claims are not premised upon a continuing wrong. They are based upon multiple incidents of alleged rape, each of which is independently actionable.
2026 NY Slip Op 05366, at the official text
CPLR 202 does not apply to those incidents that allegedly occurred within New York, which are timely under the Adult Survivor Act (CPLR 214-j).
2026 NY Slip Op 05366, at the official text
Plaintiff's causes of action for assault and battery as against Miller are likewise not part of a single continuing tort but rather allege multiple discrete and independent torts.
2026 NY Slip Op 05366, at the official text
| Court | Appellate Division, First Department |
|---|---|
| Decided | September 17, 2026 |
| Citation | 2026 NY Slip Op 05366 |
| Area of law | Personal Injury and Negligence · Civil Procedure |
| Week | Week ending September 19, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05366 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 131 |
Recommended citation
ESQ HQ, New York Law Watch, Delgado v Donald J. Trump for President, Inc., 2026 NY Slip Op 05366 (Appellate Division, First Department, September 17, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05366/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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